For City Council Meeting [December 14, 2021]
TO: Honorable Mayor and City Council
APPROVAL: Marcus Fuller, City Manager
FROM: Sean M. Moore, AICP, Director of Community Development
Title
Request City Council to consider an Extension of Time for a Non-Conforming Grocery Store Located at 1612 West Merrill Avenue to be in Existence and Operate within a Residential Zone and adopt Resolution No. 7815.
(ACTION)
Body
BACKGROUND:
The owner of a grocery store is requesting the extension of the non-conforming status of the property at 1612 West Merrill Avenue. The site is a 2.19-acre parcel of land located on the north side of Merrill Avenue approximately 630 feet west of Linden Avenue within the R-1A zone.
Prior to annexation into the City of Rialto in 1973, the existing grocery store located at 1612 West Merrill Avenue developed in 1971 in compliance with County of San Bernardino requirements. The site is partially developed and consists of an existing residential dwelling structure, the existing grocery store and associated paved parking area. With exception of the westerly 20 feet of property frontage, street improvements were also constructed with grocery store development in compliance with the County standards at that time.
Upon annexation the property was zoned R-1A (Single-Family Residential) subject to the provisions for nonconforming uses contained in Chapter 18.60 of the Rialto Municipal Code.
In 1982, 153 neighboring residents submitted a petition to the City requesting that the grocery store be allowed to continue operation. On January 5, 1982, the City Council adopted Resolution No. 2401 (Exhibit A) allowing the grocery store to remain for forty (40) years until January 5, 2022.
ANALYSIS/DISCUSSION:
The owner has requested that the City consider an extension of time to allow the non-conforming use to remain in existence for an additional 40 year period.
The grocery store use and structure remain the same today as they were back in 1982 and...
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